Appeal 1804277

Fair Hearing Decision 1804277

Trust assets are countable; after date of notice of MassHealth ineligibility and prior to appeal hearing appellant transferred assets out of trust for a number of purposes, including to fund a pre-paid irrevocable burial arrangement, and to fund a pooled trust account in her name; transfers made to pooled trust were permissible; transfer to purchase prepaid funeral and burial was also permissible; however, 60-day clock to revise trust to comply with criteria of pooled trust begins when MassHealth issues notice of ineligibility; insufficient information for hearing officer to determine whether additional amounts transferred out of trust were permissible.

Appeal 1800448

Fair Hearing Decision 1800448

MassHealth application denied because verifications not submitted; missing verifications were assets of community spouse; community spouse’s refusal to cooperate with application process cannot be basis for denial of MassHealth application; appellant is mentally incompetent to assign rights of support to MassHealth.

Appeal 1800679

Fair Hearing Decision 1800679

Notice of discharge meets regulatory requirements; nursing facility involved appellant and his guardian in discharge planning; fact that appellant has not found place he wants to live is out of control of nursing facility; physician indicated appellant medically cleared for discharge; place to which appellant will be discharged is safe and appropriate.

Appeal 1800590

Fair Hearing Decision 1800590

Appellant transferred assets during look-back period; disqualifying transfer; transfers not made for fair market value; evidence needs contemporaneous third party independent corroboration to be persuasive; appellant’s age and health did not support argument that transfers were made for purposes other than qualifying for MassHealth.